New York FTT: Express Your Opposition
by
Jim Toes
As states across the nation face 2021 budget gaps due to the COVID-19 pandemic, legislation had been introduced in the New York State Senate that would amend its state's tax laws to include a tax on financial transactions.
Senate Bill S3980 is the most extensive and complex bill of its kind, as measured by the types of transactions that are covered, the entities responsible to pay and the number of rates.
While S3980 remains in the Committee on Budget and Revenue and has not been voted upon, it represents a serious threat to the financial services industry, one that would most likely lead to an exodus of firms from New York.
S3980 is very broad in its application and would tax transactions of equities, bonds and other financial instruments, specifically defining covered securities subject to its tax as:
(1) any share of stock in a corporation;
(2) any partnership or beneficial ownership interest in a partnership or trust;
(3) any note, bond, debenture, or other evidence of indebtedness, other than a state or local bond the interest of which is excluded from gross income under section 103(a) of the internal revenue code;
(4) any evidence of an interest in, or a derivative financial instrument with respect to, any security or securities described in subparagraph one, two, or three of this paragraph;
(5) any derivative financial instrument with respect to any currency or commodity including notional principal contracts;
(6) any other derivative financial instrument and payment with respect to which is calculated by reference to any specified index.
In addition, S3980 covers transactions that are "cleared on a qualified board or exchange located in the state, or is executed by a broker in the state."
While harmful enough if only New York enacts an FTT, it would be particularly damaging to investors if more than one state implements a similar FTT. For example, if a broker dealer located in New York routes an order to an exchange located in another state that has a similar FTT, then the trade would be taxed twice. Taking this two steps further and assuming all states adopt a similar FTT, one transaction could be subject to four taxes: an investor places a trade in one state, executes through a broker dealer in another state, who then routes the order to an exchange in a third state, and the trade is cleared by an entity in a fourth state.
At the federal level, Rep. Patrick McHenry and Rep. Bill Huizenga have introduced new legislation that would prohibit states from imposing a tax on trades by citizens outside of their own borders by taxing the intermediaries those interstate citizens rely upon. The Bill titled,
Protecting Retirement Savers and Everyday Investors Act does not prohibit states and localities from imposing FTTs on their own citizens.
STA opposes FTTs because we believe they are ultimately paid by the end investor in that the costs will be directly passed on to them. They also result in higher trading costs due to wider spreads, which lowers performance on their investment vehicles. We believe there are flaws inherent to any FTT, regardless of how they are structured.
If you share these beliefs and you reside in the state of New York, please express your opposition to your state representative. We have provided a template letter and the proper links for you to do so at the end of this article.
Download Senate Bill S3980 PDF
here.
Express Your Opposition Today
For those of you who reside in the state of New York and oppose the state's Senate taxon financial transactions, please take a moment to express your opposition to your state legislator and senator.
By following the simple steps below, you can exercise your right of representation on this, and other issues that are of importance to you.
Don't know who your state representatives are? Click the link in Step #1.
Act Today!
Step #1
Locate your state legislator assembly person
here.
Locate your state senator
here.
Step #2
Follow instructions for contacting your state assembly person or senator.
Step #3
Copy, paste and edit the Template Letter below as you see fit and send.
Template Letter
Subject: Oppose Financial Transaction Tax and Stock Transfer Tax Legislation
Dear _______,
I am writing to express my strong opposition to Senate Bill S3980 and any other legislation that would impose a tax on financial transactions or that would re-impose any form of a stock transfer tax. As a resident of New York State, I am very concerned that if Senate Bill S3980 or similar legislation were enacted it would result in significant economic harm to New York, as it would encourage financial firms to move trading activity to other states in order to remain competitive. The reduced economic activity resulting from such a tax regime would translate to a net loss in revenues to the state. It would also hinder the efforts of New York State individual investors in reaching their long-term financial retirement and savings goals.
If a tax on financial transactions is enacted, trading and financial firms in New York State will likely relocate trading activity to other states in order to remain competitive in offering the best prices for their clients. These firms would take jobs and economic activity with them, which will inevitably lead to lower revenues to New York State. Evidence from other countries’ efforts to impose similar financial transaction tax (FTT) regimes have failed to raise the revenue promised, as trading volumes decrease due to trading activity migrating to other countries. FTT regimes also lead to less trading, resulting in lower liquidity, higher costs, and increased price volatility due to reduced trading volume and higher spreads.
Over an investor’s lifetime, a seemingly small tax becomes a large tax on their savings, which will result in the need to work longer to reach retirement or other savings goals. An FTT would have a similar negative impact on public pension funds and their beneficiaries, lowering the expected returns of such funds. While most FTT proposals appear on the surface to be small, they add up to significant costs for individual investors. These costs can be even more significant to Main Street investors if the tax can be applied multiple times in their portfolio, including but not limited to the purchase of mutual funds, the mutual fund’s purchase of individual stocks and bonds, the mutual fund rebalancing its funds, and individual investors rebalancing their portfolios.
I urge you to express your opposition to, and vote against, any legislation that would impose a tax on financial transactions or reinstate a stock transfer tax in New York State. Such legislation would negatively impact the New York economy, result in a net revenue decline for New York State, and make it harder for investors, including pension fund beneficiaries, to reach their financial goals.
Thank you.
Sincerely,
Additional Resources
November 2020 -
Press release on Protecting Retirement Savers and Everyday Investors Act
February 2021:
STA of New York, STANY letter to New York State Governor Cuomo and Senate opposing NY State Transfer Tax
September 2020:
New Jersey's FTT: Express Your Opposition
February 2019:
FTT; This Time It's Different, Or Is It?
October 2015:
What's Right About an FTT?